George McCoy, Author at Warren Allen LLP Attorneys at Law

The Impact of Social Media on Your Personal Injury Case

Written by George McCoy on July 25, 2024. Posted in Personal Injury. No Comments on The Impact of Social Media on Your Personal Injury Case

Social media has become an integral part of daily life. Platforms like Facebook, Instagram, Twitter, and LinkedIn enable individuals to share personal experiences, photos, and thoughts with a wide audience. For those involved in a personal injury case, especially under Oregon personal injury law, the implications of social media activity can be far-reaching and potentially detrimental.

This article will take a look at the ways social media can often influence personal injury claims and court cases. We will highlight potential pitfalls and offer practical advice on managing your online presence to protect your legal interests during an ongoing case, all from the knowledgeable lawyers at Warren Allen in Portland, OR.

Understanding Oregon Personal Injury Law

Oregon personal injury law is designed to compensate those injured due to another party’s negligence or intentional actions. Personal injury compensation can cover medical expenses, pain and suffering, lost wages, and other damages. To pursue a personal injury claim in Oregon, the plaintiff must prove that the defendant owed a duty of care, disregarded that duty, and caused the plaintiff’s injuries as a result.

One of the critical elements in any personal injury case is the credibility of the claimant and the evidence presented. Here is where social media can come into play, and often in a significant way. Posts, photos, and even comments on social media can be scrutinized and potentially used as evidence to challenge the claimant’s assertions about their injuries and the impact on their life.

How Social Media Can Affect a Personal Injury Case

Posts, comments, and photos on social media can play a crucial part in personal injury cases. Photos and posts can be shared as evidence, so you should keep an eye on what you post.

An insurance company’s primary role in any claim is to minimize the payout as much as possible. As part of their investigation, they often turn to social media to gather evidence that might contradict the plaintiff’s injury claims. For instance, if a plaintiff is seeking compensation for a severe back injury but posts photos of themselves engaging in physical activities like hiking or dancing after the accident, this can seriously undermine their case. Insurance adjusters and defense attorneys can use such posts to argue that the claimant’s injuries are not as severe as reported.

It is not uncommon for insurance companies to monitor claimants’ social media activity throughout the case. This surveillance can extend beyond the claimant’s own posts to include posts and tags from friends and family. A seemingly innocuous photo tagged by a friend at a social event can be interpreted as proof that the claimant is not suffering as much as they claim.

Social media activity can also reveal inconsistencies in the claimant’s story. If a person claims they cannot work or participate in certain activities due to their injuries and their social media depicts a different narrative, this can be detrimental. Credibility is paramount in personal injury cases, and the lawyers at Warren Allen know how a hit to credibility can weaken the claimant’s position and affect the compensation they are entitled to receive.

Potential Pitfalls of Social Media in a Personal Injury Claim

An important note when it comes to social media is anything posted or tagged can potentially be used as evidence against the claimant. This includes not only public posts but also those shared just with friends and followers, as privacy settings are not always foolproof. Photos showing physical activity, travel, or social engagements can be particularly damaging.

Even posts that are unrelated to physical activity can be misconstrued. For instance, a post expressing happiness or excitement might be used to suggest that the claimant is not suffering emotionally or psychologically, which can be particularly problematic in cases where the claimant is seeking damages for emotional distress.

Posts from friends and family can also pose risks. A well-meaning friend tagging you in a photo at a party can provide evidence that contradicts your claims of severe pain and limited mobility. It is essential to communicate with friends and family about the importance of not posting or tagging photos of you during your court case.

Practical Advice for Managing Your Online Presence

Given the potentially negative impact of social media on a personal injury case, it is crucial to manage your online presence carefully. Here are some practical tips:

Adjust privacy settings: While privacy settings are not infallible, they can provide a layer of protection. Ensure your social media accounts are set to the highest privacy levels possible. Set limits on who can see your posts and who can tag you in photos. Just remember: nothing is ever fully private online.
Think twice before you post: Be mindful of what you post. Avoid sharing details about your injury, the accident, or your case. Do not post photos or updates that could be interpreted as inconsistent with your injury claims. If in doubt, it is better not to post at all.
Communicate with friends and family: Inform friends and family about your situation and ask them to avoid posting or tagging you in photos and updates altogether. Explain that even well-intentioned posts can be used against you.
Monitor your online presence: Regularly check your social media accounts to ensure that no posts or photos have been tagged that could be detrimental to your case. If you find any, immediately contact the person who posted them and request they remove or untag you.
Consult your attorney: Your attorney at Warren Allen will provide advice specific to your case on how to handle your social media activity. Follow their guidance closely. In some cases, they may tell you to temporarily deactivate your social media accounts for the duration of your case.

When it comes to Oregon personal injury law, social media can significantly influence your personal injury claim. Posts, tags, photos, and comments can be used as evidence to challenge the severity of injuries and the claimant’s credibility. With social media use during a personal injury case, it is always better to err on the side of caution. Just be careful with your posts (if you post at all), check your privacy settings, and make sure your friends and family know not to post or tag you during this time. When you understand the possible issues and take proactive steps to manage your online presence, you can protect your legal interests and improve the chances of a favorable outcome in your case. Your attorney with Warren Allen can advise you through the process, so give us a call and set up a consultation today!

What To Do After a Car Accident: Steps to Protect Your Personal Injury Claim

Written by George McCoy on July 18, 2024. Posted in Personal Injury. No Comments on What To Do After a Car Accident: Steps to Protect Your Personal Injury Claim

Being involved in a car accident is a stressful and often traumatic experience. In the aftermath, taking the proper steps to protect your personal injury claim is crucial. If you are looking for compensation for pain and suffering, lost wages, or medical expenses, following a clear plan of action right from the get-go can significantly impact the outcome of your case.

This article provides a step-by-step, comprehensive guide for individuals involved in a car accident. It focuses on safeguarding their legal rights and maximizing their injury claim. For those in the Portland area, seeking guidance from a Portland personal injury attorney can be particularly beneficial.

Immediate Actions to Take at the Scene

Immediately after the accident, prioritize safety. Move your vehicle to a safe location to prevent further accidents or traffic blockages if possible. Check with all parties involved for injuries, call 911 to request medical assistance if needed, and report the accident. Even if injuries seem minor, getting a professional medical evaluation is wise.

Having an official police report is critical for any personal injury claim. When the police arrive, provide a clear and unemotional account of the accident. Avoid speculating or admitting fault. The police report will be essential to your claim, so answer questions as concisely as possible.

Gather information from the other driver(s) involved, such as name, address, contact information, insurance company name and policy number, driver’s license number, vehicle make, model, and license plate number. If there are witnesses to the accident, get their contact information since witness statements can support your claim.

Document the accident scene with photos from multiple angles. Capture images of vehicle damage, road conditions, traffic signs and signals, skid marks or debris, and visible injuries. This visual evidence can help establish the circumstances of the accident and the extent of damages.

Even if you feel fine, seek medical attention as soon as possible. Some injuries may not be immediately apparent, and visiting a healthcare provider ensures that any injuries are documented, which is vital for your personal injury claim. Follow all medical advice and keep detailed records of your treatments and medical expenses.

Crucial Documentation to Gather

Obtain a copy of the police report from the local law enforcement agency. This document includes vital information about the accident and is critical evidence for your claim.

Keep comprehensive records of all medical treatments related to the accident, including hospital visits, physical therapy, doctor appointments, medications, and any other medical expenses. Detailed medical documentation supports the severity of your injuries and the necessity of your treatments.

Keep a journal documenting your injuries, pain levels, and how the accident affects your daily life. Record any details such as missed work, changes in daily activities, and emotional distress. This personal account can be persuasive in demonstrating the accident’s impact on your life.

Keep a record of all contact with insurance companies, medical providers, and anyone else related to your claim. This correspondence would include emails, letters, and notes from phone calls.

Tips for Dealing with Insurance Companies

Report the accident to your insurance company as soon as possible. Provide them with accurate information, but be cautious about the details you share. Don’t elaborate. Stick to the facts.

Be cautious when dealing with insurance adjusters. Their goal is to minimize the payout as much as they can. Be polite but guarded. Only provide recorded statements after consulting your attorney, and never sign any documents or accept a settlement offer without legal advice.

Hiring a Portland Personal Injury Attorney

When looking for an attorney, you should ask for recommendations from friends, family, or coworkers who have dealt with personal injury attorneys. Online reviews and legal directories can also provide insights into reputable attorneys in Portland.

Schedule consultations with several attorneys to discuss your case. Most Portland personal injury attorneys offer free initial consultations. During these meetings, evaluate the attorney’s experience, approach, and how comfortable you feel working with them.

Pick an attorney with significant experience in handling car accident cases. Ask about their success rate and how they plan to approach your case. An attorney experienced in personal injury law, like the lawyers at Warren Allen in Portland, OR, can effectively navigate the complexities of Oregon’s personal injury laws on your behalf.

Ensure you understand the attorney’s fee structure before committing. Most attorneys work on a personal injury case on a contingency fee basis, which means they only get paid if you win your case. Clarify any additional costs that may arise during the process.

Additional Steps to Protect Your Claim

Adhere strictly to all medical recommendations and attend all follow-up appointments. Following doctor’s orders demonstrates that you are taking your recovery seriously and helps to document the extent of your injuries.
Be careful about what you post on social media, even if it’s not about the accident. Insurance companies hire investigators who may monitor your accounts for any posts that could undermine your claim. Even innocuous posts can be taken out of context and used to prove that you’re not injured because you posted photos of yourself ziplining in Costa Rica.
Do not discuss the details of your accident or claim with anyone other than your attorney. Statements made to friends, family, or colleagues can be used against you if they are inconsistent with your official claims.
Personal injury claims can take some time to close. Be patient and trust the process because rushing into a settlement can result in accepting a lower compensation than you deserve. Your attorney at Warren Allen will work to make sure you get fair compensation for your injuries or losses.

Working through the aftermath of a car accident can be hard to do on your own, but taking the proper steps can protect your legal rights and maximize your personal injury claim. Every step is essential in building a solid case, from immediate actions at the scene to gathering crucial documentation, dealing with insurance companies, and hiring a Portland personal injury attorney. Follow our comprehensive guide to ensure you are well-prepared to pursue the compensation you deserve. Remember, the assistance of an experienced attorney can make an enormous difference in your case, helping you to navigate the complexities of personal injury law with confidence. Contact Warren Allen today to schedule a consultation and see what we can do for your personal injury case.

Oregon Car Insurance Requirements: What You Need to Know

Written by George McCoy on July 11, 2024. Posted in Auto Insurance. No Comments on Oregon Car Insurance Requirements: What You Need to Know

Aside from New Hampshire and Virginia, all U.S. states require vehicles to be covered by car insurance, so if you live in Oregon and plan to drive a car, it’s essential to understand the intricacies of Oregon car insurance. The following overview outlines everything you need to know about Oregon car insurance, including minimum insurance requirements to legally operate a vehicle, coverage options, and the legal implications of non-compliance, especially if you are involved in a car accident.

If you are involved in a car accident and suffer an injury, one of the best things you can do is consult with a personal injury lawyer, like the team at Warren Allen, LLP, to ensure you have all the help you need if you decide to pursue a personal injury claim.

Who Needs Car Insurance?

Generally speaking, anyone operating a motor vehicle on public roadways in Oregon must have car insurance. Certain vehicles might be exempt, including antique vehicles issued permanent registration; collector’s vehicles whose primary use is not transportation but exhibitions or parades; some all-terrain vehicles unless operated on a highway access route; and motor vehicles not operated on the highway or operated only on private property.

Minimum Insurance Requirements

For vehicles that do require insurance coverage, Oregon drivers are required to have liability coverage. This coverage helps pay for any injuries or property damage that you may cause to others in the event of an accident. The minimum amounts of insurance are as follows:

Bodily injury and property damage liability:
- $25,000 per person for bodily injury or death;
- $50,000 per crash for bodily injury or death to two or more people in a single accident; and
- $20,000 per crash for damage to others’ property.
Personal injury protection of $15,000 per person: This coverage helps provide certain financial compensation to cover medical expenses and lost wages for the driver and any passengers in the event of an accident, regardless of who is at fault. Generally, the medical expenses must be considered “reasonable and necessary” and occur within two years of the accident.
Uninsured motorist protection of $25,000 per person and $50,000 per crash for bodily injury. This coverage helps protect drivers who might be involved in an accident with another driver who does not have insurance. It can also help cover costs incurred by a hit-and-run collision. Drivers can receive financial compensation to help cover medical expenses if injured in an accident.

Coverage Options

While liability, personal injury protection, and uninsured motorist coverage in the amounts listed above are mandatory when buying Oregon car insurance, drivers often opt for additional coverage options. Coverage amounts will vary, depending on your insurance company and how much you are willing to pay for your monthly premium. It’s essential to review your policy with your insurance agent carefully to understand your coverage.

Several types of additional coverage are common for many car owners.

Collision coverage helps pay for damage to your vehicle if involved in a collision, regardless of fault.
Comprehensive coverage is used for non-collision damage to your vehicle resulting from theft, weather, or vandalism.
Underinsured motorist coverage helps bridge the gap when the other driver has insurance, but it’s insufficient to cover all your expenses.
Your insurance company might also offer coverage for emergency roadside service or rental cars.

Although uninsured motorist coverage is mandatory, the type required is only for bodily injury. If you choose, you can also add uninsured motorist coverage for damage to your vehicle or property.

It’s important to remember that, unlike homeowners’ or renters’ insurance, car insurance policies often do not cover the costs of personal property that might be damaged in an accident or stolen from your vehicle. The best choice is to take valuables with you when you leave your car.

Proof of Oregon Car Insurance

You should always keep proof of insurance with you whenever you are driving to avoid negative legal repercussions and ensure you are covered in the case of an accident, whether you are at fault or not. Most insurance companies provide a small card you can carry in your wallet or keep in the glove box of your car. Legally, you must show proof of insurance to the other driver if you are involved in an accident and the police if they pull you over for speeding or other driving infractions.

What Happens in Cases of Non-Compliance?

Understandably, the consequences can be serious if you fail to comply with Oregon’s mandatory car insurance requirements. Individuals caught driving without insurance might incur fines and penalties or have their driver’s license and vehicle registration suspended until they can prove they have valid car insurance.

Legally, if you are at fault in an accident and do not have Oregon car insurance, you might be held responsible and required to pay for damages and injuries to the other driver. Paying these damages out-of-pocket can sometimes be financially devastating. The other driver could file a lawsuit or take other legal action against you to ensure they receive the financial compensation you owe them. In addition, you would bear the financial burden of paying for your medical expenses and any necessary repairs to your vehicle out of your funds.

States put mandatory insurance coverage requirements in place to safeguard their residents. Having the appropriate Oregon car insurance is good citizenship, but it is also a good idea to protect yourself financially if you are involved in a car accident. If you have been injured in a car accident in Oregon, you may be entitled to financial compensation to cover medical expenses, loss of wages, pain and suffering, and vehicle and property damage repairs. Call the personal injury lawyers at Warren Allen LLP to discuss your situation and learn your options. Let us help you get the best resolution possible!

What Is a Prenuptial Agreement?

Written by George McCoy on July 4, 2024. Posted in Family Law. No Comments on What Is a Prenuptial Agreement?

Marriage is not just a union of two individuals but a merger of lives, assets, and financial responsibilities. With the growing complexities of modern relationships and the increasing prevalence of dual-income households, the question arises: “What is a prenuptial agreement, and why might it be necessary?”

This article delves into the fundamentals of prenuptial agreements, outlining their purpose, benefits, and key components. It aims to help readers understand how these legal contracts protect individual assets and financial interests before marriage, providing clarity on why and when one might be necessary.

Understanding Prenuptial Agreements

A prenuptial agreement, commonly known as a prenup, is a legally binding contract a couple agrees upon before marriage. This contract should outline what happens in the event of divorce or death, such as the division of assets, financial rights, and responsibilities. While often perceived as unromantic or pessimistic, prenups are practical financial planning and risk management tools.

A big reason to get a prenup is to establish clear financial boundaries and expectations between partners. This agreement can resolve many potential issues, including spousal support, division of property, debt responsibility, and even arrangements for children from previous marriages. By addressing these matters upfront, couples can avoid misunderstandings and conflicts in a worst-case scenario.

Benefits of a Prenuptial Agreement

Prenuptial agreements offer numerous benefits to both parties in a marriage. The most significant benefits we have found are:

Protection of Individual Assets

A prenup helps ensure that personal assets stay with their original owner in the case of divorce. This is particularly important for individuals entering a marriage with significant assets or inheritances.

Clarification of Financial Responsibilities

By outlining financial responsibilities and expectations, a prenup can prevent disputes over money matters during a marriage by outlining financial responsibilities and expectations.

Debt Protection

If one partner has significant debt, a prenup can protect the other partner from being held liable for those obligations. This can be crucial in maintaining individual financial stability.

Ultimately, knowing that financial matters are settled can give a couple peace of mind, allowing them to focus on their relationship without the shadow of potential financial disputes.

Key Components of a Prenuptial Agreement

A well-drafted prenuptial agreement should address several key components to ensure comprehensive protection and clarity for both parties.

Asset division: The agreement should list all individual assets and debts brought into the marriage by each partner, including real estate, bank accounts, investments, retirement accounts, and personal property.
The division of property: The prenup should specify how assets will be split in the event of divorce. This should cover assets acquired before the marriage and those obtained during the marriage.
Spousal support: The agreement should clearly state the terms of spousal support, including the amount and duration of payments, to prevent disputes and provide financial security for both parties.
Inheritance: A prenuptial agreement can clarify inheritance rights, ensuring that individual assets are passed down according to each partner’s wishes. This is especially important for blended families or individuals with children from previous relationships.
Debt responsibility: Debt is another essential component. The agreement should specify how debts will be handled in the event of a divorce, covering both individual debts and any debts incurred during the marriage.
Business interests: the prenup should outline the division of business interests and protect the business from being dissolved or disrupted in the event of a divorce.

Dispute resolution provisions can be included in a prenuptial agreement to circumvent any lengthy and costly court battles, with methods such as mediation or arbitration specified in the agreement. Some prenups also include a sunset clause, which stipulates that the agreement will expire after a certain number of years or upon the occurrence of a specific event, allowing for the possibility of renegotiating the terms as the marriage evolves.

When Is a Prenuptial Agreement Necessary?

While prenuptial agreements can be beneficial for many couples, they are essential in certain situations. If one spouse has significantly more assets or income than the other, a prenuptial agreement can ensure that both parties are protected financially.

Individuals who have been married before or have children from previous relationships may use a prenup to protect their assets and ensure that their children’s inheritance rights are preserved. If one partner expects to receive a substantial inheritance, a prenup can protect those assets and ensure they remain within the family.

Business owners can use prenuptial agreements to safeguard business interests and prevent disruptions in the event of a divorce. On the flip side, if one partner has significant debt, a prenup can shield the other partner from being responsible for that debt.

Drafting and Enforcing a Prenuptial Agreement

Creating a prenuptial agreement requires careful planning and legal guidance. Both parties should consult with their own attorney to ensure that their interests are protected and that the agreement is fair and enforceable. The process typically involves full disclosure of each partner’s financial situation, including assets, debts, income, and expenses. Once all financial information is disclosed, the attorneys will draft the agreement, ensuring it complies with state laws and addresses all necessary components.

In order to be enforceable, a prenuptial agreement must be voluntary, which means both parties must enter into the agreement willingly, without coercion or undue pressure. Each spouse must fully disclose their financial situation, including assets, debts, and income.

Prenuptial agreements are valuable tools for financial planning and risk management in marriage. By understanding what a prenuptial agreement is, couples can make informed decisions about their financial future and protect their assets and interests.

Whether you have significant assets, own a business, or simply want to establish clear financial boundaries, you need to know what a prenuptial agreement is: a practical and beneficial step before marriage. Working with an experienced family law attorney like our team at Warren Allen will ensure that the agreement is fair, legally binding, and tailored to your unique circumstances, providing you with the protection and security you need as you embark on your marital journey. Contact us today to see how we can help you build a foundation for the future of your marriage.

How to Navigate Divorce Proceedings in Oregon: Steps and Considerations

Written by George McCoy on June 20, 2024. Posted in Family Law. No Comments on How to Navigate Divorce Proceedings in Oregon: Steps and Considerations

Marriage is a legal contract between individuals and the state, declaring that two people desire to blend their goals, finances, assets, and families. Sometimes, however, both parties realize marriage no longer serves them, and in these cases, a divorce is ideal.

All parties involved should understand the process from filing to finalization, which is where a family law attorney can help. Individuals seeking a divorce attorney in Portland, Oregon, may have questions about this process, and this article will answer some frequently asked questions about getting divorced in Oregon.

What Is Oregon’s Position On Divorce?

In the state of Oregon, parties pursuing a divorce do not need to provide any proof that a divorce is necessary beyond the expressed desire of both parties. The term for this kind of divorce is “no-fault divorce.” If either party wishes to present evidence that issues are causing the divorce, they may do so in litigation or mediation. These issues presented may impact the division of assets or child custody, but Oregon does not require litigation or mediation to grant a divorce.

Oregon is a no-fault divorce state and does not require a mandatory waiting period before filing for divorce. Some states require couples to prove they have been separated or have attempted reconciliation before granting a divorce, but Oregon’s courts do not require these additional steps. The only requirement for ending a marriage is that both parties agree that their irreconcilable differences cause the marriage to no longer be desirable for the individuals involved.

How Does The Divorce Process Start?

To begin divorce proceedings, the involved parties will file a petition for divorce with the state of residence. The divorce petition will inform the courts why a dissolution of the marriage is necessary. You’ll likely want to enlist a divorce attorney to guide you through this process, as a divorce requires extensive knowledge about the needs of all parties involved and the ins and outs of Oregon’s laws regarding separation, divorce, and annulment.

Divorce attorneys in Portland, Oregon, specialize in family law and will help you gather vital information to prepare for filing your divorce petition, like the division of assets, child custody considerations, and other factors. These attorneys can also provide mediation or help you with litigation, depending on which approach makes the most sense for your specific situation and needs.

What Information Will An Attorney Need?

After you’ve found an attorney, the next step is gathering important information about your marriage. For example, if both parties own property together, ownership and division of that property and any other assets must be agreed on. Sharing pertinent information about your property, like a deed or mortgage agreement, will be necessary for determining property division.

You will also need information about tax returns, debt, proof of income, investments, childcare costs, and custody of minor children. Assets shared during the marriage must be documented and filed with your attorney. Be mindful of the expenses and assets gained during the marriage, as these items will arise during your divorce proceedings, regardless of whether you choose mediation or litigation.

Should I Choose Litigation Or Mediation?

Both parties will decide whether to approach the dissolution of the marriage through mediation or litigation. Mediation is a preferred method as it provides the opportunity to resolve disputes on issues like alimony or child support under the guidance of a neutral third party, like an attorney. Mediators can help both parties agree on important details pertinent to the marriage without the involvement of a judge.

When litigation is necessary, your attorney will present your case for divorce to a judge, who will decide on details that both parties could not agree on in mediation. Your attorney will know the best practices for representing your best interest and meeting your needs. They will also help you find ways to compromise or make adjustments that honor your preferences.

How Long Will My Divorce Take?

Several factors significantly impact the timeline of divorce proceedings. If there are few assets to divide and no children and the parties choose to use the mediation approach, the process from filing for divorce to finalizing the divorce can take a couple of months on average. If, however, there are assets to divide and children shared, this can lengthen the process, especially if litigation is necessary. The average timeline for this kind of divorce is between six and twelve months.

Other factors influencing the length of your divorce proceedings include whether the divorce is amicable or contested. In an amicable divorce, both parties agree that a divorce is ideal and agree on the property division and parenting plan (if applicable). Uncontested divorces take a shorter amount of time to process.

If the divorce is contested, one of the parties does not agree to the proposed agreement. Contesting a divorce can significantly extend the timeframe.

How Do I Find A Divorce Attorney In Oregon?

The plethora of divorce attorneys in the Portland, Oregon, area provides both parties with plenty of options for representation. When choosing a family law attorney, consider how comfortable you feel with your attorney as well as the experience of that attorney.

Divorce is an intimate process that can be emotionally taxing, so you’ll want an attorney who not only knows Oregon’s laws regarding divorce but also does the work of knowing you and understanding your needs. At Warren Allen, our Portland, Oregon, divorce attorneys have been representing parties seeking a divorce since 1966, making us one of the oldest and most prominent firms in the Pacific Northwest. The family law and divorce attorneys at our firm share a compassionate approach to divorce and are driven by a desire to help their clients move forward with their lives with as much calm and clarity as possible.

What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

Written by George McCoy on June 10, 2024. Posted in Car Accident. No Comments on What If the Person Responsible for My Injury Doesn’t Have Car Insurance?

Getting injured in a car accident is an unfortunate reality for many people. In 2022 alone, the cost of motor vehicle-related injuries in the United States was 5.2 million. Often, the driver at fault’s insurance company will pay some financial compensation for lost wages or medical bills to the injured party, but what happens if the driver at fault doesn’t have car insurance? Is there any way to recoup some of your losses?

Although the process is more challenging, there are some financial and legal options available to someone injured by an uninsured driver. For instance, when you buy car insurance in Oregon, you must carry a minimum amount of uninsured motorist coverage and personal injury protection included on your policy. Both types of coverage provide some protection if you’ve been injured in an accident with an uninsured driver. Aside from these available financial options, you may also pursue legal action against the driver.

The guide below provides additional detail about potential courses of action you could take to get compensated if you are injured by an uninsured driver and any challenges you might face. A significant first step is to find a reputable personal injury lawyer with experience in your area, such as the attorneys at Warren Allen LLP. They can give you expert legal advice on how to move forward with your specific case.

Financial Compensation Through Your Insurance

If you are injured in a car accident (as a driver, passenger, or pedestrian) but the person responsible does not have car insurance, you can file a claim with your car insurance in Oregon. Certain health insurance policies may also cover some of your medical costs. In either case, check with your insurance agent before filing a claim to see what type of coverage you have.

Uninsured Motorist Coverage

As the name suggests, uninsured motorist coverage protects you if you’re involved in an accident with another driver who does not have insurance. Depending on your insurance policy, you might be entitled to compensation for financial costs like medical bills or lost wages and other damages like pain and suffering up to your coverage limits.

Although the minimum limits required by law are $25,000 per person and $50,000 per accident (for you and your passengers) and only cover bodily injury, you can choose to increase your coverage with your insurance company and add coverage for property damage.

Personal Injury Protection (PIP)

Personal injury protection coverage from car insurance in Oregon provides financial compensation for certain costs, no matter who is at fault. Whether you were a driver or passenger of a car or even if you were a pedestrian struck by a vehicle whose driver did not have insurance, you can claim up to $15,000 for immediate medical, dental, and surgical costs as well as loss of wages, childcare needs if a parent requires hospitalization, and essential services like housecleaning and meals if you are incapacitated for a time.

Navigating Insurance Claims

So what should you do if you’ve been involved in an accident with an uninsured driver, and how do you file a claim with your car insurance in Oregon?

The first step after an accident is ensuring everyone is physically safe. Move to the side of the road away from traffic, and if anyone is severely injured, call for emergency services. Also, contact authorities to report the incident.

Collect information from the other driver, including contact information, license plate, vehicle make, model, and year if you can. Take pictures of damage, the surrounding area, or anything relevant to the accident, such as weather or road conditions. Try to talk to eyewitnesses and get contact information from them as well.

To file a claim for uninsured motorist or personal injury protection compensation, contact your insurance company as soon as possible to report the accident. Provide as much documentation as quickly as possible, including police reports, eyewitness accounts, pictures, medical bills and diagnoses, repair estimates, etc. As noted earlier, your car insurance coverage limits will determine how much financial compensation you can claim.

Your insurance company will investigate the accident to assess fault and determine damages. They will then offer a settlement based on their findings and your policy’s limits. If you feel the settlement is unfair or insufficient, you can try to negotiate with your insurance company through an arbitrator. You can also hire an attorney to look over your settlement for you and negotiate with your insurance company on your behalf.

Pursuing Legal Action Against the Uninsured Driver

Whether or not you choose to file a claim with your car insurance in Oregon, you can also consider pursuing legal action against the at-fault driver. One of the most significant challenges you will likely face is that uninsured drivers usually lack the financial resources to pay any judgment you might win in court. So, even if your case is strong, you will likely find it difficult to recover any court-awarded damages.

If you are seeking only a small amount, for instance, less than $750, you can also look into filing a claim in small claims court, which is a more straightforward process. When you’ve been injured in an accident with an uninsured driver, it can be incredibly stressful, so getting professional advice and help can make it easier to focus on your recovery. One of the best ways to navigate the process of working with your car insurance in Oregon or filing a personal injury lawsuit in court is to talk to an experienced personal injury lawyer. You can schedule a consultation with the personal injury team at Warren Allen LLP to go over your case and talk about your next steps. Don’t wait. Get help today.

Pacific Power Reaches Settlement with 403 Plaintiffs Over 2020 Labor Day Fires

Written by George McCoy on June 6, 2024. Posted in Uncategorized. No Comments on Pacific Power Reaches Settlement with 403 Plaintiffs Over 2020 Labor Day Fires

PORTLAND, Ore. — Pacific Power reached a $178 million settlement with 403 plaintiffs, in which the vast majority of plaintiffs opted out of James class action litigation. The company has settled nearly 1,500 Labor Day 2020 wildfire claims with individuals and businesses in California and Oregon. The company will continue to settle all reasonable claims.

“We are pleased to resolve these claims to provide plaintiffs with some closure,” said Ryan Flynn, Pacific Power president. “The process that led to this settlement represents the fairest and most efficient way to resolve wildfire litigation. Class litigation is costly, complex, takes several years to run its course through the legal system and is a barrier to reasonable outcomes for impacted individuals whose personal experiences vary dramatically.”

Plaintiffs in the settlement are represented by Warren Allen, the Swigart Law Group and Spreter & Petiprin.

“This settlement marks a significant step forward for all Oregonians affected by the 2020 Labor Day Fires,” said George McCoy, attorney at Warren Allen. “It provides meaningful compensation to those affected, enabling them to rebuild and recover from these traumatic events. We acknowledge PacifiCorp’s willingness to engage in constructive dialogue and reach a mutually agreeable resolution. This settlement represents a collaborative effort to address the needs of the community, and we remain committed to pursuing further resolutions to support the ongoing recovery of all Oregonians affected by the fires.”

Pacific Power has provided safe, affordable and reliable power and served as a key driver of economic growth throughout Oregon for more than a century. The ongoing risk of wildfires to the utility model threatens that continued growth and the creation of living-wage jobs.

The safety of our customers and communities remains our top priority. Pacific Power has an industry-leading wildfire mitigation program, including investments in grid hardening, situational awareness, forecasting, data science and enhanced vegetation management. The company also uses comprehensively developed operational practices in high-risk conditions to increase the safety of Oregon communities.

The growing threat of wildfires affects everyone and is larger than any single company, industry or government. It is critical that wildfire-related issues be solved holistically, with businesses, governments and key stakeholders working together to design and implement constructive, enduring solutions.

For more detailed information about the settlement and Pacific Power’s initiatives, you can read the full press release here.

How Is Child Custody Determined in an Oregon Divorce?

Written by George McCoy on May 20, 2024. Posted in Family Law. No Comments on How Is Child Custody Determined in an Oregon Divorce?

Child custody is not a decision that any court takes lightly. The specifics of custody law vary by state, but the child’s best interest is always the most important thing. How does Oregon law determine which custody is in the best interest of the child or children? Ultimately, it’s whatever will best benefit the child and where they will be most safe, stable, happy, and healthy. But what factors help the court determine this? Read on below to find out more.

What is a Parenting Plan?

A parenting plan establishes how divorced or separated (if never married) parents will handle the decisions involved in child-rearing for a child they share, which the court will then confirm. These plans usually include outlines of holidays and vacation schedules, how information is shared between parents, when a child resides with each parent, and how disputes will be resolved.

In Oregon, most parenting plans must also include a requirement about moving. Per this requirement, a parent can only move up to 60 miles away without informing the other parent and the courts first.

In some cases, parents agree on the details of the parenting plan, and the court only needs to get involved in ratifying the plan. In other cases, parents can not work together on the parenting plan, and the court needs to get more involved.

How is Custody Determined?

While physical custody is a significant part of parenting plan cases, it’s not the only part. Legal custody is another portion, referring to decision-making regarding education, primary care physicians, and other major choices that arise while raising a child.

When it comes to legal custody, joint custody is where both parents share the decision-making. In Oregon, a judge will only sign off on joint custody if both parents agree. If either parent objects to joint custody, the court will determine which parent gets sole custody.

Sole custody gives one parent the power to make decisions, but this arrangement usually still includes a split of time each parent spends with the child. Both parents would usually still have access to the child’s health, education, and government records and be able to make emergency medical calls.

If the court deems it necessary, the parent without custody may have specific limitations placed. These could include court-supervised visits only or no visitation at all.

What are the Determining Factors for Custody in Oregon?

A Portland, Oregon, divorce lawyer will guide you through the ins and outs of the state’s laws, including factors that determine custody decisions in Oregon specifically. Here’s a breakdown of factors the court considers, as stated in Oregon Statue 107.137:

The emotional bond between the child and family members. The child’s relationship with other family members, such as grandparents, will be a factor in determining custody. Oregon judges are typically reluctant to separate siblings.
The interest of the parties in/attitude towards the child. Your divorce lawyer must effectively show that the child is the number one priority in a parent’s life.
Which parent is the primary caregiver of the child. The primary caregiver can be determined by who takes the child to activities, who regularly attends physician and dental appointments, who bathes and feeds the child, etc.
The willingness and ability of each parent to facilitate and encourage a continuing relationship between the other parent and the child. The health and safety of the child is always the most important deciding factor.
If one of the parents committed abuse. In this case, custody will not be awarded to that parent for the child’s safety, health, and emotional well-being. Also, the courts will consider if one parent has a history of violence, drug abuse, criminal activity, or neglect.

Some other factors may include:

The child’s preference. Children can communicate their wishes, but because they are under 18, they will not have a legal say.
Child’s age and gender.
Access to education options, opportunities, and resources.
Stability of each parent’s home.
How much of an adjustment the child would have to make to shuttle back and forth to each parent’s house.
The testimony of expert witnesses, including psychologists, social workers, and physicians.

What are some exceptions?

The parent’s income, social environment, and lifestyle will only be considered if it negatively impacts the child’s well-being.
There is no preference or bias based on the parent’s gender.
A parent’s disability, unless it directly affects the child’s care. Mental disabilities or a disability that prevents a parent from being able to care for the child will be considered appropriately.

How Can a Portland, Oregon Divorce Lawyer Help with Child Custody?

Child custody has many aspects, so it will only help to have legal expertise in your corner. By consulting with a lawyer, you can discuss and figure out what you hope the custody arrangement’s outcome will be. Lawyers can also represent you in determining child support. Together, you’ll create a plan to achieve those goals.

If you don’t want to go to court, your lawyer can work to do everything possible to come to a resolution. If you must go to court, your lawyer can prepare you for the process. Even if both parents agree on a parenting plan, you should have a lawyer review the documents before anything is officially filed. Family law attorneys have experience creating these plans and will include what’s necessary, and help you avoid any pitfalls.

You’ll want to work with family law experts when navigating child custody cases. Our Warren Allen family law attorneys are some of the top-rated and most experienced divorce lawyers in Portland, Oregon. We’ll work hard for you to ensure the court determines the best custody arrangement for your child. Visit our website for more information about our Portland, Oregon divorce lawyers at Warren Allen LLP. If you have any questions or are interested in scheduling a consult, call or contact us via the website.

How Does the Legal Process for Personal Injury Cases Work?

Written by George McCoy on May 10, 2024. Posted in Personal Injury. No Comments on How Does the Legal Process for Personal Injury Cases Work?

Personal injury cases can feel overwhelming, especially when dealing with the aftermath of an accident that has caused you physical or psychological harm. Understanding the legal process for personal injury cases is vital, particularly in Oregon, where specific timelines and procedures must be followed for a successful outcome.

This article will walk you through the legal process of filing a personal injury case, from the initial consultation with a lawyer to a potential trial.

Initial Consultation and Case Evaluation

The journey towards seeking redress for a personal injury should begin with an initial consultation with a knowledgeable attorney specializing in personal injury law. The legal framework surrounding personal injury cases offers several unique provisions important for anyone involved in an accident to understand. Working with an experienced law firm can eliminate any questions. At Warren Allen LLC, our experienced personal injury attorneys will work with you every step of the way, providing the knowledge needed to empower you to make informed decisions and seek rightful compensation.

During this pivotal first meeting, your attorney will delve into the details of the incident, assess the extent of injuries, and evaluate potential liability under Oregon law. This initial consultation sets the foundation for the legal strategy moving forward, guiding the injured party on the next steps to pursue their claim effectively.

Insurance and Liability

Following the initial consultation, the attorney initiates a thorough investigation to gather pertinent evidence following Oregon’s legal standards. This investigation may include obtaining medical records, scrutinizing accident reports, interviewing witnesses, and securing available surveillance footage.

Insurance plays a fundamental role in personal injury cases, often covering the defendant’s liability or offering a settlement to the plaintiff. Understanding the intricacies of insurance policies is crucial for both parties involved.

Auto insurance sometimes includes Personal Injury Protection (PIP), Uninsured Motorist (UM), and Underinsured Motorist (UIM) coverage. PIP helps cover medical expenses, lost wages, and other related cost, regardless of who is at fault. UM and UIM come into play when the at-fault driver lacks sufficient insurance or does not have insurance.

When injuries occur on someone else’s property, claims may be filed under business or homeowner’s insurance. These policies cover incidents like slips, falls, or other hazards-related injuries.

Worker’s Compensation Insurance provides essential benefits for employees injured on the job, covering medical bills and a portion of lost wages. Medical Malpractice Insurance, on the other hand, addresses negligence by healthcare professionals, covering costs from legal actions due to medical errors or faulty products.

Insurance companies use a formula to determine settlement offers, but initial offers may be lower than the claim’s actual value. Claimants must understand these dynamics to negotiate effectively, as insurers often propose a figure below what they are prepared to pay.

Insurance adjusters gather information to aid the company’s investigation but represent the insurer’s interests, not the claimant’s. Their goal is to settle claims at the minimum possible cost to the company, which might not align with the claimant’s needs for fair compensation. Working with a lawyer can help avoid pitfalls or errors when dealing with an insurance company.

What Happens Next?

Armed with compelling evidence, your attorney may draft a demand letter outlining the specifics of the case and the damages sought under Oregon law. This letter serves as a formal communication to the at-fault party or their insurance company, initiating the negotiation process.

In Oregon, negotiations aim to reach a fair settlement that adequately compensates the injured party for their losses while adhering to the state’s legal guidelines and precedents regarding negligence and fault.

Negligence is a fundamental concept in personal injury law, requiring proof that someone failed to exercise the care a reasonably prudent person would under similar circumstances. In Oregon, establishing negligence involves demonstrating four key elements:

Duty of Care: Establishing that the defendant owed a duty to the plaintiff to act with care.
Breach of Duty: Showing that the defendant failed to fulfill their duty of care.
Causation: Linking the breach directly to the injuries sustained by the plaintiff.
Damages: Proving that the plaintiff suffered actual damages due to the breach.

Oregon adheres to a modified comparative negligence rule, which impacts the compensation you can recover in personal injury cases. If you are found to be more than 50% responsible for the accident, you are barred from receiving any compensation. If your responsibility is less than 50%, your compensation will be reduced by your percentage of fault. For example, if you are 30% at fault and your damages amount to $100,000, you would receive $70,000.

Proving negligence requires substantial evidence. Essential documentation includes accident reports, witness statements, medical records, photographic evidence, and personal documentation (such as maintaining a journal detailing the impact of your injuries on your daily life). Understanding these principles can significantly influence the outcome of your personal injury case.

Litigation

The legal process formally begins with filing a complaint in court, marking your transition from an injured party to a plaintiff. The discovery phase of the court process involves exchanging information between the parties and can include depositions, document requests, and third-party interviews.

Before trial, mediation may be attempted to settle the dispute out of court. If mediation fails, the case will move to trial, where evidence is presented before a judge or jury. If the verdict is in your favor, the recovery process for damages begins.

Categories of damages are as follows:

Nominal Damages: These are symbolic and awarded when no actual damage has occurred, but the principle of the matter is recognized.
Compensatory Damages: These are intended to cover both economic losses (like medical bills and lost wages) and non-economic losses (such as pain and suffering).
Punitive Damages: Awarded in cases of egregious wrongdoing, these are meant to punish the defendant and deter similar actions in the future.

Personal injury cases are fraught with complexities and demand meticulous attention to detail, highlighting the immense value of hiring professional legal assistance. Consider reaching out to Warren Allen LLC today for your free consultation; we have extensive experience and the knowledge to help you find the best outcome for your personal injury claim.

Explore Your Rights After a Slip-and-Fall Accident

Written by George McCoy on April 15, 2024. Posted in Personal Injury. No Comments on Explore Your Rights After a Slip-and-Fall Accident

Suppose you believe you have sustained a personal injury resulting from the possible negligence of a business or property owner in Portland. In that case, you should contact a Portland slip-and-fall accident lawyer as soon as possible. At Warren Allan LLC, our Portland slip-and-fall accident lawyers (also known as personal injury attorneys) will help you build a case to prove that the business or property owner involved failed to exercise reasonable care toward you and that negligence resulted in your injuries.

After experiencing a slip-and-fall accident, you have several rights to ensure your well-being, recovery, and protection under the law.

You have the right to seek immediate medical attention for injuries sustained in the slip-and-fall accident. Your health and safety are paramount, so medical care must be prioritized, even if injuries initially seem minor.
You have the right to document the incident. It’s crucial to record the details of the slip-and-fall accident as accurately as possible. This documentation may include photographing the scene, noting the conditions that led to the fall, and obtaining contact information from any witnesses present. If you choose to seek medical attention, medical documentation could also help your claim.
You have the right to report the accident. Depending on where the accident occurred, you can report it to the property owner, property manager, or relevant authorities. Reporting the accident helps create an official record of the incident, ensuring that appropriate actions are taken to prevent similar accidents in the future.
If you believe that negligence on the part of the property owner, manager, or another party contributed to the slip-and-fall accident, you have the right to seek legal counsel. An experienced Portland slip-and-fall accident lawyer can help you understand your legal rights, navigate the courts or claims process, and pursue compensation for your injuries and damages.
If negligence is established, you have the right to seek compensation for various damages resulting from the slip-and-fall accident. These damages may include lost wages, medical expenses, pain and suffering, and other related costs incurred as a direct result of the accident.
You have the right to fair treatment throughout the claims process. All parties involved, including insurance companies, legal representatives, and other relevant entities, should treat you fairly and respectfully. Your rights should be upheld as you seek resolution for the consequences of the slip-and-fall accident.

What Does Negligence Look Like in a Slip-and-Fall Claim?

According to Cornell Law School, the legal definition of negligence is “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act”.

In short, negligence in a slip-and-fall accident claim includes failure to keep premises safe, address known hazards, warn visitors, follow regulations, and maintain the property. When these failures lead to harm, the responsible party may be liable for negligence. Here are a few examples of negligence as it relates to slip-and-fall accidents:

Unsafe Premises

Property owners are responsible for ensuring their property is safe for visitors. Negligence can occur when they don’t address hazards like wet floors, uneven surfaces, loose rugs, or poorly maintained walkways.

Ignoring Hazards

If a property owner is aware of hazards but does nothing to address, fix, or warn visitors about them, they could be considered negligent. For example, if a spill in a grocery store is not properly cleaned up or marked with warning signs, it raises the risk of a slip-and-fall accident and can be considered negligent.

Lack of Appropriate Signage

The property owner must warn visitors even if a hazard cannot be fixed immediately. Negligence can occur if signs or barriers are not in place to alert people to dangers like wet floors or construction zones.

Violating Regulations

Building codes and rules exist to keep premises safe. Negligence might happen if a property owner doesn’t follow these standards, leading to unsafe conditions that cause a slip-and-fall accident.

Poor Maintenance

Regular checks and maintenance are vital for preventing, spotting, and fixing hazards. Negligence could be shown if a property owner doesn’t inspect and maintain their property correctly, allowing dangerous conditions to linger unnoticed.

Contributing Behavior

It’s worth noting that negligence can also involve the injured person’s actions. For instance, if someone ignores warning signs or behaves recklessly, their own negligence might reduce or remove the property owner’s liability.

What Are The Most Common Slip-and-Fall Injuries?

While every slip-and-fall accident is different and can vary in severity based on several factors, the most common slip-and-fall injuries are as follows:

Sprains and Strains

These injuries occur when ligaments or tendons are stretched or torn, often affecting joints such as the ankles, wrists, and knees.

Fractures/Broken Bones

Falls can fracture or break bones throughout the body, including the wrists, arms, hips, and ankles.

Head Injuries

Trauma to the head during a fall can lead to various injuries, ranging from minor bumps and bruises to more severe concussions or traumatic brain injuries (TBIs). Monitoring for symptoms such as headaches, dizziness, and changes in cognitive function is essential for proper management and treatment of head injuries.

Back and Spinal Cord Injuries

Falls can cause damage to the back or spinal cord, resulting in conditions like herniated discs, fractures, or spinal cord compression.

Soft Tissue Injuries

Falls can cause damage to soft tissues like skin, muscles, tendons, and ligaments, resulting in bruises, contusions, or abrasions.

Cuts and Lacerations

Sharp objects or uneven surfaces can cause cuts or lacerations, which may require cleaning, suturing, or other forms of wound management.

Emotional Trauma

In addition to physical injuries, slip-and-fall accidents can also result in emotional trauma. Emotional trauma can manifest itself in many ways, including anxiety, depression, or post-traumatic stress disorder (PTSD). Seeking support from mental health professionals could be very beneficial for individuals experiencing emotional distress after a fall. Overall, it’s essential to understand and assert your rights after a slip-and-fall accident. Contact Warren Allan LLC to schedule a free consult with one of our Portland slip-and-fall accident lawyers to ensure you receive the necessary support, care, and compensation to aid your recovery and well-being.

Author: George McCoy